How many years is the duration of the invention patent?

The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application. The starting point of the patent protection period is not the patent announcement date, but the patent announcement date is the starting point for the patentee to obtain the patent right. The filing date of all kinds of patents is earlier than the announcement date, which means that the patent protection period enjoyed by the invention patentee is less than 20 years, and the patent protection period enjoyed by the utility model patentee and the design patentee is less than 10 years.

According to Chinese laws, the term of invention patent is 20 years, the term of utility model patent is 10 year, and the term of design patent is 15 year, counting from the date of application.

Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.

In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.

Once an invention is patented, it can only be protected by law for 20 years at most. Beyond this period, inventions and technological innovations will be placed in the public domain and contributed to society free of charge.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year.

Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.

In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years. Article 49 Where an invention patent of a state-owned enterprise or institution is of great significance to the national interest or public interest, with the approval of the State Council, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay royalties to the patentee in accordance with state regulations.